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Executive Benefits Insurance Agency v. Arkison (In re Bellingham Insurance Agency, Inc.)

  • Summarized by Amy Quackenboss , American Bankruptcy Institute
  • 13 years 3 months ago
Citation:
Case No. 11-35162 (9th Cir. December 4, 2012)
Ruling:
Ninth Circuit held that a bankruptcy judge lacks constitutional authority to enter a final judgment in a fraudulent conveyance action against a nonclaimant to the bankruptcy estate, but that the...
Judge(s):
Kozinski, Paez and Collins
Tag(s):

Mitchell v. Weinman (In re Mitchell)

  • Summarized by Brendan Gage , Goulston & Storrs PC
  • 13 years 3 months ago
Citation:
No. CO-11-086 (B.A.P. 10th Cir. Dec. 3, 2012)
Ruling:
Affirming the Bankruptcy Court for the District of Colorado, the Bankruptcy Appellate Panel for the Tenth Circuit held that: (1) the bankruptcy court (“BC”) had subject matter jurisdiction...
Judge(s):
Cornish, Rasure, and Somers, Bankruptcy Judges.
Tag(s):

Sundale, Ltd. v. Florida Associates Capital Enterprises, LLC (In re Sundale, Ltd.)

  • Summarized by Kevin Gray , Alabama Farmers Cooperative, Inc.
  • 13 years 3 months ago
Citation:
Sundale, LTD. v. Florida Associates Capital Enterprises, LLC, No. 12-11450 (11th Cir. Nov. 29, 2012).
Ruling:
Considering Stern v. Marshall, 131 S. Ct. 2594 (2011), the bankruptcy court had jurisdiction to adjudicate a debtor's state law counterclaims, including a claim for recoupment, in adjudicating the...
Judge(s):
MARCUS, FAY and ANDERSON, Circuit Judges.
Tag(s):

Satterfield v. Malloy

  • Summarized by Shara Cornell , McDonald Hopkins LLC
  • 13 years 3 months ago
Citation:
Satterfield v. Malloy III, No. 11–5144 (10th Cir. Nov. 28, 2012)
Ruling:
The Barton Doctrine precludes litigation in district court by a debtor against a trustee in bankruptcy when the cause of action arises out of the trustee's official duties unless the movant can...
Judge(s):
Lucero, O'Brien and Matheson
Tag(s):

Rabalais v. Leon (In re Rabalais)

Citation:
Rabalais v. Leon (In re Rabalais), No. 12-20255 (5th Cir. Nov. 19, 2012) [Not for Publication]
Ruling:
Affirming the District Court, the Fifth Circuit held that it lacked authority under the Rooker-Feldman doctrine to review a Debtor’s argument that a California state court improperly...
Judge(s):
Per Curiam (Smith, Prado, and Higginson)
Tag(s):

TC Healthcare I, LLC v. Dupuis (In re Haven Eldercare, LLC)

  • Summarized by Weston Eguchi , Willkie Farr & Gallagher LLP
  • 13 years 3 months ago
Citation:
TC Healthcare I, LLC v. Dupuis (In re Haven Eldercare, LLC), Case No. 12-468-bk (2d Cir. Nov. 15, 2012) (summary order) [Not Precedential]
Ruling:
The Circuit Court AFFIRMED the District Court judgment barring, as res judicata, the motion of the Appellant, a Section 363 purchaser of the Debtor's assets, seeking an order declaring that...
Judge(s):
Barrington D. Parker, Reena Raggi, and Gerard Lynch.
Tag(s):

Compton v. Anderson (In re MPF Holdings US LLC)

  • Summarized by Kevin Baum , Windels Marx Lane & Mittendorf, LLP
  • 13 years 3 months ago
Citation:
Compton v. Anderson (In re MPF Holdings US LLC), No. 11-20478 (5th Cir. Nov. 14, 2012)
Ruling:
Vacating the Bankruptcy Court, the Fifth Circuit held that a reservation of jurisdiction clause of the plan of reorganization was sufficiently specific and unequivocal because the plan stated the...
Judge(s):
Stewart, DeMoss, Graves
Tag(s):

Michigan State University v. Asbestos Settlement Trust (In re The Celotex Corp.)

  • Summarized by Jeffrey Snyder , Bilzin Sumberg Baena Price & Axelrod, LLP
  • 13 years 4 months ago
Citation:
--- F.3d ----, (No. 10-13641), 2012 WL 5410028 (11th Cir. Nov. 6, 2012)
Ruling:
Although a district court, at its discretion, may review interlocutory judgments and orders of a bankruptcy court pursuant to 28 U.S.C. 158(a), a court of appeals only has jurisdiction over final...
Judge(s):
BARKETT, JORDAN, and HALL (District Judge, sitting by designation)
Tag(s):

Waldman v. Stone

  • Summarized by Daniel Waxman , KEWA Financial Inc.
  • 13 years 4 months ago
Citation:
Waldman v. Stone (In re Stone), --- F.3d --- 2012 WL 5275241 (6th Cir. Oct. 26, 2012)
Ruling:
(1) Claim for disallowance / discharge of secured claim obtained by fraud and affirmative recovery for state law fraud are within the jurisdiction of the bankruptcy court. (2) Creditor can...
Judge(s):
KETHLEDGE and STRANCH Circuit Judges; GWIN, District Judge
Tag(s):

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